recent years there has developed a fairly common practice of employers
contracting for employees from third-party "employee leasing" firms.
Such workers include traditional "temporary" clerical employees
(Manpower, Kelly), as well as longer-term employees who may provide
a variety of clerical, technical or even management services.
Unless the workers under
such plans are truly "independent contractors" (and this is relatively
rare under the law), they are employees, either of the "employee
leasing" company, or the "recipient company," or both. Sometimes
such employees' FLSA overtime rights have "fallen through the cracks"
because of the "contract" nature of their employment. However, as
employees, they are either governed by the FLSA or they are not,
and if they are they are either exempt or nonexempt under the regular
FLSA rules. If such employees are nonexempt, they are entitled to
overtime pay if and when they actually work more than 40 hours in
a work week.